BILL NUMBER: SB 1011	CHAPTERED  09/29/99

	CHAPTER   558
	FILED WITH SECRETARY OF STATE   SEPTEMBER 29, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 28, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 8, 1999
	PASSED THE SENATE   JUNE 1, 1999
	AMENDED IN SENATE   APRIL 20, 1999

INTRODUCED BY   Senator Polanco
   (Coauthors:  Senators Baca, Ortiz, Solis, and Speier)
   (Coauthors:  Assembly Members Aroner, Cardenas, Ducheny,
Firebaugh, Havice, Jackson, Machado, Mazzoni, Romero, Strom-Martin,
Thomson, Vincent, and Washington)

                        FEBRUARY 26, 1999

   An act to add and repeal Section 1281.5 of the Unemployment
Insurance Code, relating to unemployment compensation, making an
appropriation therefor, and declaring the urgency thereof, to take
effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1011, Polanco.  Unemployment compensation benefits:  extension:
  freezing weather.
   Existing law provides unemployment compensation benefits for
qualified eligible unemployed individuals of a maximum of 26 times
the individual's weekly benefit amount, as defined.  It also provides
extended unemployment compensation benefits for qualified eligible
individuals who had specified earnings and provides federal-state
extended unemployment compensation benefits for qualified eligible
individuals who had specified earnings.
   This bill would provide extended unemployment compensation
benefits, with respect to claims made on or before July 31, 2000, for
an additional 26 times an individual's weekly benefit amount for any
qualified eligible unemployed individual who has been laid off from
work, is unable to commence work, or is otherwise unemployed as a
direct result of freezing weather conditions which occurred in this
state in December 1998 when an individual has exhausted or is
otherwise ineligible for other state or federal unemployment
compensation benefits, as specified.  It would provide that in the
event an individual becomes eligible for federal-state extended
unemployment compensation benefits prior to August  8, 1999, that
individual shall become ineligible for extended unemployment
compensation benefits under these provisions to the extent he or she
is eligible for and receives federal-state extended unemployment
benefits.  Unemployment compensation benefits are paid from the
Unemployment Fund, a continuously appropriated fund, and thus by
providing additional benefits, this bill would make an appropriation.

   This bill would also allow an eligible individual to use an
alternative base period, as specified, to calculate benefits for
certain claims on or after August  8, 1999.  It would provide that
the provisions of the bill concerning an alternative base period
shall be inapplicable in the event that the Director of the
Employment Development Department makes a determination, after a
public hearing, that the earning levels of freeze-affected
individuals have not been significantly reduced as a result of
freeze-related unemployment, layoffs, or underemployment during the
1999 calendar year.
   This bill would also make certain legislative findings and
declarations with respect to the severe freezing conditions which
occurred in California.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The Legislature finds and declares as follows:
   (a) Severe freezing weather conditions which occurred in
California in December 1998 caused more than one billion dollars
($1,000,000,000) in damages to crops.
   (b) The agriculture-dependent local economies in rural California
where growers and agricultural workers live will suffer economic
depression.
   (c) Thousands of skilled workers have lost or will lose their jobs
as a result of the freezing weather conditions.
   (d) Many agricultural employees who receive hourly wages are
low-income individuals who can least afford to be unemployed.
   (e) The benefits of this act are intended as an extraordinary,
one-time statewide response to this emergency, and are not to be
construed to make any enduring structural change to the unemployment
compensation program or to provide a precedent to seek similar or
comparable benefits in the future.
  SEC. 2.  Section 1281.5 is added to the Unemployment Insurance
Code, to read:
   1281.5.  (a) Any unemployed individual who, as determined by the
director, has been laid off from work or is unable to commence work
as a direct result of freezing weather conditions which occurred in
this state in December 1998 at the individual's most recent workplace
or regular seasonal workplace whose continuing unemployment is a
direct result of the freezing weather and who is otherwise eligible
to receive benefits under this part, is eligible for an additional
maximum of 26 times his or her weekly benefit amount.
   (b) To the extent permitted by federal law, benefits payable under
this section shall be available only when an individual has
exhausted or is otherwise ineligible for other state or federal
unemployment compensation.  In the event an individual becomes
eligible for federal-state extended unemployment compensation
benefits prior to August  8, 1999, that individual shall become
ineligible for benefits under this section to the extent he or she is
eligible for and receives federal-state extended unemployment
benefits.
   (c) Benefits shall be payable under this section only pursuant to
claims made on or before July 31, 2000.
   (d) (1) Any unemployed individual who, as determined by the
director, has been unemployed as a direct result of freezing weather
conditions that occurred in December 1998 and who opens a claim for
benefits on or after August  8, 1999, and can demonstrate that his or
her maximum benefits or weekly benefit amount has been reduced as a
result of wage credits lost due to the freeze and that he or she is
otherwise eligible to receive benefits under this part, shall, at the
claimant's election, have his or her weekly benefit amount and
maximum benefits calculated based upon the base period ending
December 31, 1998, or the base period established by the claimant's
most recent unemployment insurance claim, whichever is greater.
   (2) This subdivision shall be inapplicable in the event that the
director makes a determination, after a public hearing, that the
earning levels of freeze-affected individuals have not been
significantly reduced as a result of freeze-related unemployment,
layoffs, or underemployment during the 1999 calendar year.
   (e) This section shall remain in effect only until August 1, 2000,
and as of that date is repealed.
  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   Because workers of low and moderate income are in need of
financial support as soon as possible as a result of an unforeseen
natural disaster, it is necessary for this act to take effect
immediately.
